SKorean court gives Samsung scion prison term over bribery

Lawyer Blog Post 2021/01/18 08:51   Bookmark and Share
Billionaire Samsung scion Lee Jae-yong was sent back to prison on Monday after a South Korean court handed him a two and a half-year sentence for his involvement in a 2016 corruption scandal that spurred massive protests and ousted South Korea’s then-president.

In a much-anticipated retrial, the Seoul High Court found Lee guilty of bribing then-President Park Geun-hye and her close confidante to win government support for a 2015 merger between two Samsung affiliates. The deal helped strengthen his control over the country’s largest business group.

Lee’s lawyers had portrayed him as a victim of presidential power abuse and described the 2015 deal as part of “normal business activity.”  Wearing a mask and black suit and tie, Lee was taken into custody following the ruling. He didn’t answer questions by reporters upon his arrival at the court.

Injae Lee, an attorney who leads Lee Jae-yong’s defense team, expressed regret over the court’s decision, saying that the “essence of the case is that a former president abused power to infringe upon the freedom and property rights of a private company.”

He didn’t specifically say whether there would be an appeal. Samsung didn’t issue a statement over the ruling.  Lee Jae-yong helms the Samsung group in his capacity as vice chairman of Samsung Electronics, one of the world’s largest makers of computer chips and smartphones.

In September last year, prosecutors separately indicted Lee on charges of stock price manipulation, breach of trust and auditing violations related to the 2015 merger.

It isn’t immediately clear what his prison term would mean for Samsung. Samsung didn’t show much signs of trouble during the previous time Lee spent in jail in 2017 and 2018, and prison terms have never really stopped South Korean corporate leaders from relaying their management decisions from behind bars.

Samsung is coming off a robust business year, with its dual strength in parts and finished products enabling it to benefit from the coronavirus pandemic and the prolonged trade war between United States and China.

Samsung’s semiconductor business rebounded sharply after a sluggish 2019, driven by robust demand for PCs and servers as virus outbreaks forced millions of people to stay and work at home.

The Trump administration’s sanctions against China’s Huawei Technologies have meanwhile hindered one of Samsung’s biggest rivals in smartphones, smartphone chips and telecommunications equipment.

top

Biden to name Judge Merrick Garland as attorney general

Lawyer Blog Post 2021/01/14 08:51   Bookmark and Share
President-elect Joe Biden has selected Merrick Garland, a federal appeals court judge who in 2016 was snubbed by Republicans for a seat on the Supreme Court, as his attorney general, two people familiar with the selection process said Wednesday.

In picking Garland, Biden is turning to an experienced judge who held senior positions at the Justice Department decades ago, including as a supervisor of the prosecution of the 1995 Oklahoma City bombing. The pick will force Senate Republicans to contend with the nomination of someone they spurned four years ago ? refusing even to hold hearings when a Supreme Court vacancy arose ? but Biden is banking on Garland’s credentials and reputation for moderation to ensure confirmation.

Biden is expected to announce Garland’s appointment on Thursday, along with other senior leaders of the department, including former homeland security adviser Lisa Monaco as deputy attorney general and former Justice Department civil rights chief Vanita Gupta as associate attorney general, the No. 3 official. He will also name an assistant attorney general for civil rights, Kristen Clarke, the president of Lawyers’ Committee for Civil Rights Under Law, an advocacy group.

Garland was selected over other finalists including former Alabama Sen. Doug Jones and former Deputy Attorney General Sally Yates. The people familiar with the process spoke on condition of anonymity. One said Biden regards Garland as an attorney general who can restore integrity to the Justice Department and as someone who, having worked as both a federal prosecutor and a high-level supervisor inside the agency, will enjoy the respect of nonpartisan career staff.

Garland’s confirmation prospects were solidified as Democrats on Wednesday scored control of the Senate majority by winning both Georgia Senate seats.

Garland would confront immediate challenges if confirmed, including an ongoing criminal tax investigation into Biden’s son, Hunter, as well as calls from many Democrats to pursue inquiries into President Donald Trump after he leaves office. A special counsel investigation into the origins of the Russia probe also remains open, forcing a new attorney general to decide how to handle it and what to make public.

Garland would also inherit a Justice Department that has endured a tumultuous four years and abundant criticism from Democrats over what they see as the overpoliticization of law enforcement. The department is expected to dramatically change course under new leadership, including through a different approach to civil rights issues and national policing policies, especially after months of mass protests over the deaths of Black Americans at the hand of law enforcement.
top

Georgia high court rejects latest Trump election appeal

Lawyer Blog Post 2020/12/14 11:38   Bookmark and Share
President Donald Trump has lost his latest legal challenge seeking to overturn Georgia’s election results, with the state Supreme Court’s rejection late Saturday of a case from Trump’s campaign and Georgia Republican Party Chairman David Shafer.

The suit - similar to other Trump team legal challenges, which made baseless allegations of widespread fraud in Georgia’s presidential election - was initially filed Dec. 4, then rejected by the Fulton County Superior Court because the paperwork was improperly completed and it lacked the appropriate filing fees.

The case was subsequently appealed directly to the state Supreme Court, asking justices to consider the case before Monday’s meeting of the Electoral College. In a brief order, justices wrote that “petitioners have not shown that this is one of those extremely rare cases that would invoke our original jurisdiction.”

It’s the latest legal setback in the president’s efforts to overturn the election results. On Friday  the U.S. Supreme Court rejected a lawsuit backed by Trump seeking to overturn Democrat Joe Biden’s election victory, a move that ended a desperate attempt to get legal issues rejected by state and federal judges before the nation’s highest court.

Even as lawsuits filed by Trump and his allies have been rejected around the country, the president has continued to make repeated baseless claims of widespread fraud. In Georgia, he has rained criticism on Secretary of State Brad Raffensperger and Gov. Brian Kemp, both fellow Republicans.

Raffensperger has been steadfast in his defense of the integrity of the election in the state, and Kemp has said he has no power to intervene in elections.

Results certified by Raffensperger last month showed that Biden led by a margin of 12,670 votes, or 0.25% of the roughly 5 million ballots cast. An audit involving a hand count of the paper ballots also showed Biden won.

Last week, Raffensberger again recertified the state’s election results after a recount requested by Trump confirmed once again that Biden won the state, and the governor then recertified the state’s 16 presidential electors.

“We have now counted legally cast ballots three times, and the results remain unchanged,” Raffensperger said during a news conference at the state Capitol.
top

Court: Tennessee can enforce Down syndrome abortion ban

Lawyer Blog Post 2020/11/23 00:50   Bookmark and Share
A federal appeals court ruled Friday that Tennessee can begin outlawing abortions because of a prenatal diagnosis of Down syndrome, as well as prohibit the procedure if it’s based on the race or gender of the fetus.

Tennessee Republican Gov. Bill Lee enacted the so-called “reason bans” earlier this year as part of a sweeping anti-abortion measure. The law gained national attention because it banned abortion as early as six weeks ? making it one of the strictest in the country ? but it included several other anti-abortion components.

The law was immediately blocked by a lower federal court just hours after Lee signed it into law.

However, the 6th Circuit Court of Appeals’ decision will allow the state to enforce the reason bans while abortion rights groups continue their court battle against that law.

The plaintiffs, which include Tennessee abortion providers being represented by reproductive rights groups, had argued the ban was improperly vague, but the court disagreed.

Currently, more than a dozen states have similar reason bans in place.

“These bans are just another way anti-abortion politicians are attempting to limit the constitutional right to abortion care and to create stigma,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement. “Decisions about whether and when to continue or to end a pregnancy are best made by the individual and their family.”

The Attorney General’s office said in a statement that they “appreciate the Sixth Circuit lifting the lower court’s injunction” and looked forward to continuing defending the statute.

“Our law prohibits abortion based on the race, gender, or diagnosis of Down syndrome of the child and the court’s decision will save lives,” Lee said in a statement. “Protecting our most vulnerable Tennesseans is worth the fight.”

Immediately following the appeals court ruling, the plaintiffs’ attorneys filed a request in lower federal court for a temporary restraining order to block the reason bans once again, but this time argued the law illegally prohibits a patient from “obtaining constitutionally protected pre-viability abortion care.”

“(The) Sixth Circuit only addressed plaintiffs’ vagueness claims and explicitly declined to issue any ruling with respect to plaintiffs’ claims that the Reason Bans violate patients’ constitutional right to pre-viability abortion,” the attorneys wrote.

The court had not issued a ruling on that as of Friday evening.

Down syndrome is a genetic abnormality that causes developmental delays and medical conditions such as heart defects and respiratory and hearing problems.

According to the National Down Syndrome Society, about one in every 700 babies in the United States ? or about 6,000 a year ? is born with the condition, which results from a chromosomal irregularity.

The rarity of the condition has prompted abortion rights groups to paint the Down syndrome bans as part of yet another thinly veiled effort by lawmakers to continue chipping away at a patient’s right to an abortion.
top

Michigan court blocks 2-week absentee ballot extension

Lawyer Blog Post 2020/10/18 09:48   Bookmark and Share
Absentee ballots must arrive by Election Day to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials in a battleground state. Any changes must rest with the Legislature, not the judiciary, the Republican-appointed appeals court judges said in a 3-0 opinion.

Absentee ballot extensions in Wisconsin and Indiana have also been overturned by higher courts. Michigan’s ability to handle a flood of ballots will be closely watched in a state that was narrowly won by President Donald Trump in 2016. Secretary of State Jocelyn Benson last week said 2.7 million people had requested absentee ballots, a result of a change in law that makes them available to any voter.

Michigan law says absentee ballots must be turned in by 8 p.m. on Election Day to be valid. But Court of Claims Judge Cynthia Stephens had ordered that any ballots postmarked by Nov. 2 could be counted if they arrived within two weeks after the Nov. 3 election.

Stephens said there was “unrefuted evidence” about mail delivery problems because of the coronavirus pandemic. She said more than 6,400 ballots arrived too late to be counted in the August primary. The appeals court, however, said the pandemic and any delivery woes “are not attributable to the state.”

“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said, noting that hundreds of special boxes have been set up across Michigan.  The court also reversed another portion of Stephens’ decision, which would have allowed a non-family member to deliver a completed ballot in the final days before the election if a voter consented.

“The constitution is not suspended or transformed even in times of a pandemic, and judges do not somehow become authorized in a pandemic to rewrite statutes or to displace the decisions made by the policymaking branches of government,” Judge Mark Boonstra said in a separate, 10-page concurring opinion.

Benson and Michigan Attorney General Dana Nessel, both Democrats, had declined to appeal Stephens’ rulings, leaving it to the Republican-controlled Legislature to intervene.
top

Roberts a pivotal vote in the Supreme Court's big opinions

Lawyer Blog Post 2020/07/02 21:47   Bookmark and Share
The biggest cases of the Supreme Court term so far have a surprising common thread. On a court with five Republican appointees, the liberal justices have been in the majority in rulings that make workplace discrimination against gay and transgender people illegal, protect young immigrants from deportation and, as of Monday, struck down a Louisiana law that restricted abortion providers.

As surprising, Chief Justice John Roberts, a conservative nominated by President George W. Bush who has led the court for nearly 15 years, has joined his liberal colleagues in all three. Since the retirement of Justice Anthony Kennedy in 2018, Roberts has played a pivotal role in determining how far the court will go in cases where the court's four liberals and four conservatives are closely divided.

Here's a look at where Roberts stood in the abortion, immigration and LGBT cases, his history on the court and what's at stake in coming decisions in which Roberts could play a key role:

On Monday, Roberts joined liberal justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan in striking down Louisiana's Act 620. The justices ruled that the law requiring doctors who perform abortions to have admitting privileges at nearby hospitals violates the abortion rights the court first announced in the landmark 1973 Roe v. Wade decision.

But Roberts' reason for siding with the liberals had less to do with his feelings on abortion than with his feelings on whether the court should do an abrupt about-face. Four years ago the court's four liberal members and Justice Kennedy struck down a Texas law nearly identical to Louisiana's. At the time, Roberts was a vote in dissent. But with Kennedy's retirement and replacement by conservative Justice Brett Kavanaugh, many conservatives had hoped the result in the Louisiana case would be different. Not so, Roberts wrote: “The result in this case is controlled by our decision four years ago."

top

◀ PREV : [1] : .. [7] : [8] : [9] : [10] : [11] : [12] : [13] : [14] : [15] : .. [35] : NEXT ▶








Disclaimer: Nothing posted on this blog is intended, nor should be construed, as legal advice. Blog postings and hosted comments are available for general educational purposes only and should not be used to assess a specific legal situation. Nothing submitted as a comment is confidential. Nor does any comment on a blog post create an attorney-client relationship. The presence of hyperlinks to other third-party websites does not imply that the firm endorses those websites.

Affordable Law Firm Website Design